More common sense from the bench

Yet another jurist speaks out against mandatory minimums. Judge Paul G. Cassell of the United States District Court in Salt Lake City reluctantly imposed a 55 year sentence on a 25 year old defendant who sold a few small bags of marijuana to an undercover agent. The sentence was enhanced because the defendant was carrying a gun during two of the transactions, although he was not accused of using it. The DA claims mere possession of the weapon proves he was prepared to use it to kill other human beings. I guess it didn't occur to him that perhaps the guy would carry it for simple self-defense. The black market is a dangerous place after all.

The judge gets it though. He encouraged the defendant to appeal noting that earlier in the session he had sentenced a man to only 22 years for aggravated second-degree murder for beating an elderly woman to death with a log. The judge also urged Congress to set aside the law that made the sentence mandatory.

During a court hearing in September, Judge Cassell posed a question to the opposing legal teams in the case: "Is there a rational basis," he asked, "for giving Mr. Angelos more time than the hijacker, the murderer, the rapist?"

Of course none of this would even be an issue if they simply legalized the plant and took it out of the black market altogether.